Reed v. Rustin

December 8, 1961, plaintiffs purchased by warranty deed from defendants Lot 1, Zacharias subdivision, Nankin township, Wayne county, said deed warranting the land to be free and clear of all encumbrances. After the execution of the deed, plaintiffs commenced construction of a ranch type house that extended over and into part of the 16-foot easement.

October 3, 1962, plaintiffs commenced this action for breach of warranty and damages, alleging: “That said land is subject and was on December 8, 1961, subject to an easement for public utilities over the north 16 feet approximately thereof.”

Defenda…